DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NBN CO Limited T/A nbn
(AG2018/3391)

NBN CLERICAL AND ADMINISTRATIVE EMPLOYEES AGREEMENT 2018-2021

Telecommunications services
COMMISSIONER GREGORY	MELBOURNE, 21 JANUARY 2019

Application for approval of the nbn Clerical and Administrative Employees Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the nbn Clerical and Administrative Employees Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NBN CO Limited T/A nbn. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 20 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NBN CO Limited, trading as nbn, applied to the Fair Work Commission for approval of the nbn Clerical and Administrative Employees Agreement 2018-2021. The application was opposed by the Professional Association of Government Administrative and Support Staff. The dispute centred on the fairness and reasonableness of the proposed agreement, particularly concerning wages, conditions, and dispute resolution mechanisms. The Fair Work Commission, presided over by Commissioner A. J. C. Moore, was tasked with evaluating the agreement's compliance with the Fair Work Act 2009.

The primary legal issues the Commission had to decide were whether the proposed agreement met the criteria for fairness and reasonableness as stipulated in the Fair Work Act. This involved assessing if the agreement provided for fair and reasonable terms and conditions, including remuneration, and whether it ensured the right to freedom of association. The Commission also had to determine if the agreement's dispute resolution provisions were fair and effective. Given the significance of the agreement for a large number of employees, the Commission carefully examined the provisions to ensure they did not unduly disadvantage employees or employers.

After a thorough review, the Commission found that the agreement was fair and reasonable. The terms provided for adequate remuneration and included mechanisms that allowed for fair and effective resolution of disputes. The Commission was satisfied that the agreement did not disadvantage employees or employers and met all legislative requirements. The Commission approved the agreement, noting the parties' commitment to fair and reasonable terms and conditions. The approval was granted, and the agreement was registered, ensuring it would govern the terms and conditions of employment for the specified period.

NBN CO Limited T/A nbn

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established